CHANGE IN THE DISCOUNT RATE FROM THE 11th JANUARY 2025: THE STATUTORY INSTRUMENT IS OUT…
The Damages (Personal Injury) (England and Wales) Order 2024 changes the discount rate from the 11th January 2025 so that the prescribed rate of return is 0.5%. This may lead to some schedules (and counter-schedules) needing to be re-visited and…
DEFENDANT FAILS TO ESTABLISH A WHOLE HOST OF ALLEGATIONS OF FUNDAMENTAL DISHONESTY:
In Cullen v Henniker-Major [2024] EWHC 2809 (KB) HHJ Ambrose (sitting as a Judge of the High Court) rejected the numerous allegations of fundamental dishonesty made by the defendant against the claimant. The case may be an object lesson in…
LOSS OF EARNINGS CLAIMS: THE FUNDAMENTALS: WEBINAR 11th NOVEMBER 2024
We have seen some interesting cases on loss of earnings claims this year, with a claimant being found fundamentally dishonest, because of the way the claim for loss earnings was presented, an “unreliable” schedule leading to a claim for loss…
PROVING THINGS 248: CLAIMANT FAILS TO ESTABLISH ANY CASE AS TO CAUSATION IN A NEGLIGENCE CASE AGAINST SOLICITORS
In Blower v GH Canfields LLP [2024] EWHC 2763 (Ch) HHJ Matthews (sitting as a High Court Judge) rejected a claimant’s case on negligence against a firm of solicitors who had reached a settlement of an action against her and…
WHEN THE CLAIMANT HAS TO CHANGE JOBS, EARNS MORE THAN BEFORE – BUT THERE IS A SUBSTANTIAL AWARD FOR LOSS OF EARNINGS: THE VERY REAL VALUE OF “FRINGE BENEFITS”
A webinar on the 5th November looks at loss of earnings from the point of view of loss of benefits and pension claims. It is important that the very real value of “fringe” benefits is not overlooked when looking at…
PERSONAL INJURY DAMAGES: COURT OF PROTECTION RELEASES CLAIMANT FROM “PETERS” UNDERTAKING
I am grateful to my colleagues Sam Karim KC and Fay Collinson for pointing out the decision of BJB, In the Matter Of [2024] EWCOP 59 (T2). In that case HHJ Hilder granted the claimant’s application that she be released…
PROVING THINGS 247: APPLYING A DIFFERENT MULTIPLIER TO THE RESIDUAL EARNING CAPACITY OF A DISABLED CLAIMANT
It is worthwhile highlighting one aspect of the judgment of Neil Moody KC (sitting as a High Court judge) in Winterbotham v Shahrak [2024] EWHC 2633 (KB), looked at in the previous post. The judge applied different multipliers to the claim. A…
PROVING THINGS 246: THE SELF EMPLOYED CLAIMANT AND LOSS OF EARNINGS: HIGH COURT DECISION
There are many difficult issues facing a self-employed claimant making a claim for loss of earnings. This issue was considered by Neil Moody KC (sitting as a High Court judge) in Winterbotham v Shahrak [2024] EWHC 2633 (KB). …
INTEREST RATE REDUCTION ON THE COURTS FUND OFFICE SPECIAL AND BASIC ACCOUNTS: IMPORTANT NEWS FOR PERSONAL INJURY AND CLINICAL NEGLIGENCE PRACTITIONERS
The Courts Funds Office has reduced the rates of interest payable from the 19th September 2024. In the announcement that can be found here the rates on the special account and basic account are decreased. Special Account – decreased…
A FINDING OF FUNDAMENTAL DISHONESTY DOES NOT AFFECT A CLAIMANT’S RIGHT TO RECOVER PROPERTY DAMAGES
In Senay & Anor v Mulsanne Insurance Company Ltd [2024] EWCC 12 HHJ Charman found that a finding of fundamental dishonesty in a personal injury action did not affect the claimant’s rights to recover damages for the property claim to…
KEEPING WORKERS SAFE: THE EMPLOYER’S DUTY TO PREVENT ASSAULTS AT WORK: THE PRACTICAL ISSUES FOR THOSE BRINGING CLAIMS: WEBINAR 24th OCTOBER 2024
The Health and Safety Executive website reports that there were were 649,000 incidents of violence at work in 2022/23 and that 292,000 adults experienced violence at work in the same period. 41% of the assaults resulted in actual injury. The…
CONSIDERING THE IMPACT OF INFLATION WHEN LOOKING AT THE JUDICIAL COLLEGE GUIDELINES: A CASE TO POINT
It has been established for some time that the figures in the Judicial College Guidelines for the Assessment of Personal Injury Damages are themselves subject to indexation for inflation. The most recent Guidelines (the 17th) are based on the RPI…
THE DIFFICULT ISSUE OF THE CHILD CLAIMANT AND LOSS OF EARNINGS CLAIMS: WEBINAR 14th OCTOBER 2024
For many years now I have been researching and writing about the particular problems that face practitioners when they are dealing with a claim by a child who could suffer loss of earnings in the future as a result of…
AN IDEAL CHRISTMAS PRESENT FOR THE LITIGATORS IN YOUR LIFE: MUNKMAN & EXALL ON DAMAGES: 15th EDITION
The latest edition of Munkman and Exall on damages in being published in November this year, obviously it has been cleverly timed to catch the important Christmas market. Details of how to buy the multiple copies you will undoubtedly need…
FUNDAMENTAL DISHONESTY FOUND WHEN CLAIMANT HAD FILED SCHEDULE WHICH WAS MISLEADING ABOUT LOSS OF EARNINGS CLAIM: THE CLAIMANT COULDN’T HAVE EARNED AND SHOULDN’T HAVE CLAIMED
I am grateful to the barrister Nadia Whittaker for sending me a copy of the judgment handed down today of HHJ Richard Carter in Brown -v- Liverpool University Hospitals NHS Foundation Trust & Mersey and West Lancashire Hospitals NHS Trust….
AN EXPERT SHOULD NOT HAVE ALLOWED HIS INITIAL ASSESSMENT TO BE “CORRUPTED” BY INADMISSIBLE EVIDENCE: “THERE SHOULD BE SOME INTROSPECTION ON THE PART OF THE GOVERNMENT LEGAL DEPARTMENT ABOUT THIS”
We are returning once again to the judgment of HHJ Melissa Clarke (sitting as a judge of the High Court) in Wilson v Ministry of Justice [2024] EWHC 2389 (KB).We are also returning to the question of expert evidence. There…
WHEN AN EXPERT HAS “LOST ALL INDEPENDENCE AND OBJECTIVITY” – AND ADMITS SO IN COURT
There are many interesting aspects of the judgment of HHJ Melissa Clarke (sitting as a judge of the High Court) in Wilson v Ministry of Justice [2024] EWHC 2389 (KB). Here I want to concentrate upon the judgment relating to…
AN “UNRELIABLE” SCHEDULE LEADS TO A CLAIM FOR LOSS OF EARNINGS BEING STRUCK OUT (AND FOUR WEBINARS ON LOSS OF EARNINGS)
The way in which a claim for loss of earnings claim is presented is of crucial importance in most claims for damages. There are a series of four seminars below where many of the essential elements are considered. A case…
WHEN SOCIAL MEDIA AND ONLINE POSTS UNDERMINE THE CLAIMANT’S CASE: FACEBOOK POSTS ON PLAYING RUGBY ARE FOUND TO BE BINDING
Many cases emphasise the importance of social media in litigation. It has become an essential tool in the armoury of many litigators. An example can be seen in the judge of Mr Justice Mould in Wye Valley NHS Trust v…
“IN CONTRACT YOU BARGAIN FOR A RESULT”: JUDGE UPHOLDS COMPANY’S CLAIM FOR 20% OF COMPENSATION RECEIVED
I am grateful to Martin Hirst for sending me a copy of the judgment of HHJ Holmes in NC Investigating Services Ltd -v- Crossley (1st March 2024), a copy of which is available here OT APPROVED, MHIRST, H1QZ65P0, NCINVESTIGATION, CROSSLEY,…
A COUNTER-SCHEDULE THAT TOTALLY TOTALLY FAILED TO DO ITS JOB: COURT REFUSES PERMISSION FOR DEFENDANT TO RELY ON COUNTER-SCHEDULE THAT “SERVES NO PURPOSE WHATSOEVER”
This blog has looked extensively at judicial criticism of schedules of damages over the years. It has to be remembered that counter-schedules also have to be properly drafted. This is emphasised. in the judgment of Mr Justice Julian Knowles in…
DAMAGES IN ANTICIPATION OF DEATH AND DAMAGES FOR LOSSES PRIOR TO DEATH: WEBINAR 12th AUGUST 2024
This webinar looks at the difficult areas of (i) losses in anticipation of death, when a claimant has a reduced life expectancy; (ii) losses prior to death, including financial losses and pain and suffering. It provides practical guidance on order…
RECENT CASES IN FATAL ACCIDENT LITIGATION – WHAT CAN WE LEARN FROM THEM? WEBINAR 30th JULY 2024
This webinar looks at recent cases in relation to liability, quantum and damages involving fatal accident victims. It enables us to spend enough time looking at each case in detail, in particular the evidence that was adduced and the conclusions…
FOUR WEBINARS ON FATAL ACCIDENT LITIGATION: CORONERS; RECENT CASES; CHILDREN AND FATAL CLAIMS & DAMAGES IN ANTICIPATION OF DEATH
There are four webinars over the next four weeks dealing with key elements of fatal accident litigation. An introduction to the coroner’s court for personal injury and clinical negligence lawyers 23rd July 2024 This webinar is an introduction to the…
POSTMASTERS’ RIGHT TO RECOVER DAMAGES UNDER THE GLO COMPENSATION SCHEME DID NOT VEST IN TRUSTEES IN BANKRUPTCY
Normally when this blog looks at issues relating to insolvency it relates to procedural or other practical problems arising when a party is made insolvent. The judgment of HHJ Cawson KC in Secretary of State for Business and Trade v…
CLAIMANT FOUND TO BE FUNDAMENTALLY DISHONEST: EXAGGERATING SYMPTOMS IS PLAINLY DISHONEST
We are returning to the judgment of HHJ Karen Walden-Smith in Hamed -v- Ministry of Justice (County Court in Cambridge – 7th June 2024). The judge found that the claimant had been fundamentally dishonest in the presentation of their symptoms. This…
SUING THE “MAN OF STRAW” IN A PERSONAL INJURY CASE: A REMINDER TO LOOK AT YOUR OWN CLIENT’S HOME INSURANCE
Next week marks the 11th anniversary of this blog. I am reviewing key posts from the past. This was the second ever post on the 25th June 2013. The issues remain relevant. I have issued periodical reminders about this issue…
TALES FROM THE LEGAL ACTION GROUP HOUSING LAW CONFERENCE (II): PERSONAL INJURY CLAIMS AND THE HOUSING LAWYER’S DILEMMA
At the Housing Law Conference last Friday I had the pleasure of meeting, and lecturing with, one of the doyenne’s of housing law, Giles Peaker, author of the “Nearly Legal” blog on housing law. Naturally I was pleased to leave…
FATAL ACCIDENT ACT DAMAGES: THE DANGERS WHEN A JUDGE DOES NOT FOLLOW THE ESTABLISHED APPROACH: CLAIMANT’S APPEAL AGAINST “OFF PISTE” METHODOLOGY ALLOWED
In Price v Marston’s PLC [2024] EWHC 1352 (KB) Mr Justice Griffiths overturned a trial judge’s assessment of fatal accident damages because there was a failure to follow long established principles of calculation of loss. The case is an important…
FUNDAMENTAL DISHONESTY COST CLAIMANT £325,000 IN DEFENCE COSTS EVEN AFTER THE CLAIM HAD BEEN DISCONTINUED
I am grateful to Louise Jackson from Clyde & Co for drawing my attention to her piece about a recent settlement in a case where fundamental dishonesty was alleged. This is not a case that got to trial. However it…
AVOIDING UNDERSETTLEMENT: A GUIDE FOR PERSONAL INJURY LAWYERS: WEBINAR 4th JUNE 2024
This webinar looks at those cases where allegations of under settlement have been made against claimant solicitors, looking at the factors that lead to a court finding whether there was negligence when a case was settled or litigated. Booking details…
PROVING THINGS 238: TAX AND FILMS: A DANGEROUS MIX – BUT THE CLAIMANTS FAILED TO PROVE THEY HAD LOST ANYTHING
In Upham & Ors v HSBC UK Bank PLC [2024] EWHC 849 (Comm) Mr Justice Bright considered the losses said to be suffered by a number of claimants who had invested in a tax deferment scheme. Most of the claimants…
THE KEY CASES IN FATAL ACCIDENT DAMAGES: WEBINAR 19TH APRIL 2024
The means of assessment of fatal accident damages is not set out in the Fatal Accident Act, but is set out in case law. A knowledge of the case law is essential to all those involved in fatal accident litigation. …
FUNDAMENTAL DISHONESTY: “SUBSTANTIAL INJUSTICE” CONSIDERED IN DETAIL: HIGH COURT DECISION TODAY
In the judgment given today in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) Mr Justice Ritchie dismissed the claimant’s claim as being fundamentally dishonest. The judgment contains a detailed consideration of the issues relating to the…
SUPREME COURT JUDGMENT TODAY: WHIPLASH TARIFF INJURIES AND COMMON LAW DAMAGES: HOW SHOULD THE COURT DEAL WITH “MIXED” CLAIMS
In Hassam & Anor v Rabot & Anor [2024] UKSC 11 the Supreme Court rejected the defendant’s appeal against the way in which damages are assessed. It upheld the the majority view of the Court of Appeal that the Civil…
ISSUES OF CONTRIBUTORY NEGLIGENCE: ONE BAD DECISION, NOT THREE POOR ONES
There is an interesting discussion on the principles of contributory negligence in the judgment of HHJ Keyser KC in Owens v Lewis [2024] EWHC 609 (KB). “(1) Where any person suffers damage as the result partly of his own…
Understanding the law relating to fatal accidents: The essential points: Webinar 25th March 2024
This webinar takes you through the essential elements you have to consider before you can advise whether a claim for fatal accident damages can be brought. Booking details are available here. THE WEBINAR It covers:- The basic principles of…
A SERIES OF FOUR WEBINARS TO TAKE YOU THROUGH LAW AND PRACTICE RELATING TO FATAL ACCIDENTS
In March and April 2024 I am presenting four webinars which take practitioners through the major issues relating to law and procedure in Fatal Accident Act claims. All of those who subscribe to the webinars will receive comprehensive questionnaires for…
DEALING WITH THE COUNTER-SCHEDULE AND COUNTER ARGUMENTS IN RELATION TO DAMAGES: WEBINAR 14th MARCH 2024
This webinar on the 14th March 2024 takes a detailed look at those issues and arguments that are often marshalled to reduce a claim for personal injury damages. It enables practitioners to consider those matters that impact upon a claimant. …
WEBINAR ON PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: RECENT CASES AND THE BASIC PRINCIPLES REVISITED: 19th FEBRUARY 2024
This webinar looks at recent cases in relation to periodical payments and periodical payments, including an interesting negligence case brought against solicitors who failed to claim provisional damages. It then looks at the law, practice and procedure relating to provisional…
ACCOMMODATION AND APPLIANCE CLAIMS – WEBINAR 15th FEBRUARY 2024
A webinar on the 15th February looks at accommodation and appliance claims in personal injury cases. Booking details are available here. THE WEBINAR Claims for accommodation and appliances are a major part of many serious claims. Here…
DAMAGES FOR CARE: RECENT CASES AND THEIR SIGNIFICANCE FOR PRACTITIONERS: WEBINAR 8th FEBRUARY 2024
This webinar look at claims for care, the law underpinning care and assistance claims, looking at practical ways of preparing the case and presenting the schedule and cover. The webinar covers, in particular, the cases and observations made in recent…
EVERY LITTLE HELPS: EACH DEFENDANT ORDERED TO PAY £18,000 EXEMPLARY DAMAGES IN STAGED CRASH CASE
The judgment of HHJ Baucher in Alghafagi v Tesco Stores Ltd [2023] EW Misc 19 (CC) is one of a series of judgments in related cases. It relates to what the judge has found to be a complex conspiracy to…
DAMAGES FOR THE SELF EMPLOYED AND THOSE INVOLVED IN ENTERTAINMENT AND SPORT: WEBINAR 25th JANUARY 2024
On the 24th January there is a webinar looking at claims for damages for self-employed people. It also looks at the issues relating to losses, particularly loss of earnings, caused by those involved in sports and entertainment (it also looks…
PROVING THINGS 236: CLAIMANT’S ARGUMENT THAT IT HAD LOST MORE THAN £6 MILLION FAILED TO TRAVEL: CAUSATION NOT ESTABLISHED
The judgment of Simon Tinkler, sitting as a Deputy High Court Judge, in Ickenham Travel Group Ltd v Tiffin Green Ltd [2024] EWHC 27 (Comm) is another classic example of a failure to prove damages. The defendant had been in…
DAMAGES FOR LOSS OF EARNINGS: WEBINAR 18th JANUARY 2024
An injured claimant is often most concerned about their ability to earn their living. This webinar looks at the essential elements of a claim for loss of earnings. It looks at recent cases to illustrate in a practical way how…
DAMAGES FOR PAIN AND SUFFERING: WEBINAR 11th JANUARY: PART OF THE DAMAGES SERIES 2024
On the 11th January 2024 I am presenting a webinar on Damages for pain and suffering. This is a part of a series of webinars looking at the basic elements of major heads of damages for personal injury, with a…
SERIES OF WEBINARS ON DAMAGES: AVAILABLE AS A “BUNDLE” – OR ONE AT A TIME…
Next year I am presenting a series of eight webinars on personal injury damages. APIL is offering these as one off webinars, or the whole series can be subscribed to as a “bundle”. Booking details are available here. THE…
COST BITES 124 : EARLY VIEW AS TO VALUE OF A PERSONAL INJURY CASE WAS NOT UNREASONABLE: DEFENDANT’S APPEAL DISMISSED
I am grateful to solicitor John McQuater for sending me a copy of the judgment of HHJ Sadiq in Drury -v- Yorkshire Aggregates Limited (a decision made in January this year, but the transcript has only just become available). It…
COST BITES 114: LOOKING AT DETAILED ASSESSMENTS (3): SCHEDULES OF DAMAGES UNDER THE MICROSCOPE: THEY HAVE NOT BEEN DRAFTED SYSTEMATICALLY, OR WITH PROPER CARE AND ATTENTION
We are continuing with the series where we look closely at what can happen at a detailed assessment and return to the judgment of Cost Judge James in HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO). The judge…
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